Matrimonial

MATRIMONIAL

When a relationship breaks down and couples are contemplating or going through a separation or divorce it is important to get legal advice as soon as possible.  We have had years of experience advising people following separation.

If you are thinking about getting divorced or dissolving your civil partnership in Scotland then you can get a Separation Agreement drawn up.  This sets out who will pay the rent/mortgage or bills until you decide how you want to proceed with your divorce or dissolution.

It is a legally binding document which sets out what a couple has agreed.  As long as it is registered it has the same force as a Court Order and can be enforced in the same way.  It can cover a range of areas involving family finances, family home, debts, savings, cars and furniture, pensions, children and child care arrangements.  These documents can be complicated to draw up but at Ramsay & Co we can help you determine what is involved.

In relation to a divorce there are two ways to get a divorce in Scotland:-

The simplified procedure or ordinary procedure.

If you have no children under 16 and can agree about how to deal with the matrimonial finances then a simplified procedure can be used.

If you do have children under 16 then you have to use the ordinary procedure.  It may be defended or undefended.  If parties haven’t been able to agree on how to deal with finances or perhaps in relation to contact with the children a divorce action can include asking the court to deal with these matters.

There are various principles which govern the division of matrimonial assets.  The normal approach is to settle financial issues by an award of a capital sum which allows for a “clean break” settlement.  Sometimes this cannot be done.

The law in relation to children is dealt with under the Childrens (Scotland) Act 1995.  Again the court can make various orders in relation to the children with residence and contact.  These matters in relation to children can also be dealt with by way of the Separation Agreement.

The law can be complicated in particular in relation to financial provision as pensions and houses may need to be valued.  Legal advice is important and we can help you understand these matters and navigate your way through the potential pitfalls.  If you wish to have a confidential and free chat about this then please do not hesitate to contact us.

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